Houston Chronicle

Haitian migrants sue feds, alleging abuse

- By Eileen Sullivan

WASHINGTON — Mirard Joseph was bringing food to his wife and child, he said, when a Border Patrol agent on horseback in Del Rio “lashed at” him with his reins and dragged him by the collar toward the Rio Grande.

The treatment of Joseph, an immigrant who was seeking asylum but has been deported, and other Haitian migrants by agents in September is the subject of a federal investigat­ion after President Joe Biden described it as “outrageous” and promised that “there will be consequenc­es.” The union representi­ng the Border Patrol agents has defended them, saying they were merely doing their job as thousands of migrants crossed into the small border town.

The migrants’ side of the story was laid out for the first time Monday in a lawsuit against the government filed in U.S. District Court for the District of Columbia. By Joseph’s telling, the agent in a widely published photograph let go of him when the horse appeared close to trampling him.

“It was the most humiliatin­g experience of my life,” he said in the lawsuit, which recounts his experience and those of 10 other Haitians in Del Rio and during their expulsions. The complaint accuses the government of physical and verbal abuse, inhumane treatment and denial of due process under a public health rule that gives border officials authority to expel most people who cross into the U.S. illegally during the coronaviru­s pandemic. The migrants are being represente­d by immigrant advocacy organizati­ons Justice Action Center, Haitian Bridge Alliance and Innovation Law Lab.

The lawsuit alleges that the Biden administra­tion knew that an influx of migrants was coming but deliberate­ly made no humanitari­an preparatio­ns — a strategic decision, the suit says, meant to deter more Haitians from trying to cross into the U.S. Among other things, the plaintiffs are asking to be allowed to return to the U.S. and remain there while they request asylum.

The photograph­s of Joseph and others in Del Rio prompted criticism of the administra­tion’s response to the thousands of Black migrants who were crossing illegally into the U.S. at the time, many seeking asylum.

Regardless of the outcome of the suit, the plaintiffs’ accounts

could become part of the investigat­ion into the agents’ actions in Del Rio, which is being conducted by Customs and Border Protection’s Office of Profession­al Responsibi­lity. The Homeland Security Department said the office was reviewing images for possible misconduct and interviewi­ng witnesses, Border Patrol employees and senior leaders at Customs and Border Protection.

Yet some have questioned how witnesses could be interviewe­d if so many of the migrants who had gathered in Del Rio were expelled to Haiti or returned to Mexico.

In Joseph’s case, the photograph­s prompted accusation­s that the agents had used their reins as whips — a claim that is

central to the investigat­ion. According to Joseph’s complaint, that was what happened. But the Border Patrol union has said the agents were twirling their reins, as they are trained to do, to deter people from getting too close to their horses and therefore avoid injuries.

Several plaintiffs said they “saw officers on horseback using reins as whips against people” in the Rio Grande. One migrant, identified in the lawsuit as Esther, said agents on horseback chased her back into the river in the direction of Mexico. She said the horses nearly ran over her as the agents shouted, “Go back to Mexico.”

Another plaintiff, identified as

Paul, said he saw Border Patrol agents beating Black migrants. As he was in the middle of the Rio Grande, Paul said, he saw agents cut a rope that had been strung across the river to help people cross more safely. He said he watched Haitians in deeper water struggle not to drown and saw agents pushing migrants into the river on the Del Rio side.

The plaintiffs also said they lacked enough food and water, which led many migrants to fall ill and, in some cases, to cross the river back to Mexico to find food. The Biden administra­tion said at the time that it was providing food, water and medical treatment to the migrants in a makeshift encampment under and around a bridge.

The situation was a critical moment in Biden’s first year of handling surging numbers of migrants at the border. The administra­tion’s response, which included the expulsion of thousands of Haitians, galvanized civil rights groups and others to press for better treatment of Black migrants in particular. According to recent government data, nearly 16,000 Haitians crossed into Del Rio in September; about 40 percent of them were expelled under the public health rule, known as Title 42.

The complaint describes squalid conditions under the Del Rio Internatio­nal Bridge, where many spent more than a week when temperatur­es regularly exceeded 100 degrees.

White House press secretary Jen Psaki said Sept. 20 that “obviously, any circumstan­ce where individual­s are not treated humanely, whether they are coming to our border or not, is not in line with the Biden administra­tion policies.”

 ?? Associated Press file photo ?? Border Patrol agents try to contain migrants as they cross the Rio Grande into Del Rio in September. Thousands of migrants were crossing illegally into the U.S. at the time.
Associated Press file photo Border Patrol agents try to contain migrants as they cross the Rio Grande into Del Rio in September. Thousands of migrants were crossing illegally into the U.S. at the time.

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